HomeMy WebLinkAbout1997-319
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RESOLUTION NO. 97-319
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE JUNIOR UNIVERSITY OF SAN
BERNARDINO, INC. FOR THE PROMOTION OF ARTS AND CULTURE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said
City an Agreement with the Junior University of San
Bernardino, Inc., a copy of which is attached hereto marked
Exhibit "A" and incorporated herein by reference as fully as
though set forth at length.
SECTION 2.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a joint regular
meeting thereof, held on the
20th
day of October
, 1997, by the following vote, to
wit:
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97-319
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE JUNIOR UNIVERSITY OF SAN
2 BERNARDINO, INC. FOR THE PROMOTION OF ARTS AND CULTURE.
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COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENI'
NEGRETE X
CURLIN X
ARIAS X
OBERHELMAN X
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DEVLIN X
ANDERSON X
MILLER X
C{~t~
The foregoing resolution is hereby approved this ;~AAf
day of October , 1997_
---;;:;m J1I@~
T6m Minor, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN
City Attorney
BY:
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91-319 '
AGREEMENT
Fine Arts Fundinq
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City" and
the JUNIOR UNIVERSITY OF SAN BERNARDINO, INC., a non-profit
organization, referred to as "Organization."
The parties agree as follows:
1. Recitals.
A. Organization has requested financial assistance
from City for the fiscal year 1997-98, in order to assist in
defraying the expense of certain concerts, shows, festivals or
events or activities sponsored by Organization as set forth in
Organization's grant proposal (hereinafter "the proposal")
approved by the Fine Arts Commission of the City, a copy of
which proposal is on file in the Office of Cultural Affairs.
The terms of the proposal are incorporated herein by reference
and shall govern the uses of the funds provided herein. The
financial assistance provided for in this agreement is made on
a one-time only basis, and receipt of said funds shall not
imply a continuing obligation of the City beyond the terms of
this Agreement.
B. The expenditure is for a valid municipal public
purpose, to wit: for the promotion of art appreciation in San
Bernardino, as more fully set forth in the proposal submitted
by Organization.
2_ Pavment.
Finance Director,
Upon presentation of a claim to the City
City shall pay to Organization from the
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EXfl18f/ "Av
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97-319
budget for the 1997-98 fiscal year, the total sum of $12,500
dollars, to cover the costs per the Fine Arts grant
application agreement.
3. Use of Funds. The funds paid to Organization shall
be used solely for the purposes set forth in Paragraph 1 and
in strict compliance with the provisions set forth in the
agreement. No deviation from the agreement shall be made
without the express approval of the City of San Bernardino.
Said funds shall be expended by June 30, 1998, and any
unexpended funds shall be returned to City by Organization.
4. Accountinq. Within 20 days after the completion of
the event, the Organization shall submit to the City
Administrator, with a copy to the Director of Finance an
accounting of the actual expenditures connected with said
event as it relates to the funds which were provided by the
City. Financial records shall be maintained in accordance
with generally accepted accounting principles by Organization
in such manner as to permit City to easily trace the
expenditures of the funds. All books and records of
organization are to be kept open for inspection at any time
during the business day by the City or its officers or agents.
Failure to submit the financial records in accordance with
this section will result in the Organization reimbursing the
City.
5. Hold Harmless. Organization covenants and agrees to
defend, indemnify, and hold harmless the City and its
employees and agents from all liabilities and charges,
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97-319
expenses (including counsel fees), suits or losses however
occurring, or damages arising or growing out of the use or
receipt of the funds paid hereunder and all operations under
this agreement. Payments hereunder are made with the
understanding that the City is not involved in the performance
of services or other activities of Organization. Organization
and its employees and agents are independent contractors and
are not employees or agents of the City in performing said
services.
6. Termination. City shall have the right to terminate
this Agreement and any funding remaining unpaid hereunder for
any reason by mailing a ten-day written notice to Organization
and this agreement shall terminate ten days after the mailing
of such notice. In the event this Agreement is terminated for
reasons of improper use of funds or use of funds for any
purpose other than those authorized, any unexpended portion of
the funds provided by City shall be returned to City. In
addition, Organization shall reimburse to City any funds
expended which were used for any purposes other than those
authorized under this Agreement.
7. Assiqnment. Organization shall not assign its
interest in this Agreement without the prior written approval
of City.
8. Insurance. Organization shall take out and
maintain during the life of this Agreement such public
liability and property damage insurance as shall insure City,
its elective and appointive boards, commissions, officers,
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97-319
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agents and employees, organization and its agents performing
acts covered by this Agreement from claims for damages for
personal injury, including death, as well as from claims for
property damage which may arise from Organization's or its
agents' operations hereunder, whether such operations be by
Organization or its agents or by anyone directly or indirectly
employed by either Organization or its agents, and the amounts
of such insurance shall be as follows:
(a) Public Liability Insurance. In an amount not less
than $1,000,000 for injuries, including, but not limited to,
death, to anyone person, and subject to the same limit for
each person, in an amount not less than $100,000 on account of
anyone occurrence;
(b) Property Damage Insurance. In an amount of not less
than $50,000 for damage to the property of each person on
account of anyone occurrence.
(c) Workers Compensation. Organization shall provide
workers compensation insurance in the amount required by state
law if the funds provided hereunder are to be paid as salary
to any employee of organization. Organization shall require
that all rights of subrogation under such policy of workers
compensation insurance shall be waived as to City. City shall
be set forth as an additional named insured in each policy of
insurance provided hereunder.
(d) The Certificate of Insurance furnished to the City
shall require the insurer to notify the City of any change or
termination in the policy.
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97-319
9.
Oblioation. Organization hereby covenants that it
has taken all actions necessary to make the adherence to the
obligations imposed by this agreement a binding obligation of
the organization.
10. Notices.
All notices herein required shall be in
writing and delivered in person or sent by certified mail,
postage prepaid, addressed as follows:
As to City:
As to Organization:
City Administrator
City of San Bernardino
300 North "D" St.
San Bernardino, CA 92418
Jeff Grande, General Mgr.
Junior University
P.O. Box 6471
San Bernardino, CA 92412
11. Entire Aoreement. This Agreement and any documents
or instruments attached hereto or referred to herein integrate
all terms and conditions mentioned herein or incidental
hereto, and supersede all negotiations and prior writing in
respect to the subject matter hereof.
In the event of
conflict between the terms, conditions or provisions of this
Agreement, and any such document or instrument, the terms and
conditions of this Agreement shall prevail.
12. Non-Discrimination.
Organization agrees that for
the term of this Agreement it shall not discriminate in
employment,
recruitment,
hiring,
admission
practices,
advertising or in any other manner on the basis of race,
color, creed, religion, national origin, sex, physical
handicap, or marital status.
DATED:
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97-319
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE JUNIOR
UNIVERSITY OF SAN BERNARDINO, INC. FOR THE PROMOTION OF THE
ARTS AND CULTURE.
CITY OF SAN BERNARDINO
~'1 )f{P-t~
Tom Minor, Mayor
ATTEST: q~ ~
ity Clerk
ORGANIZATION
Approved as to form
and legal content:
------
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ID/Z.o,tn
~
JAMES F. PENMAN
City Attorney
~7L
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97-319
A.~"I!I..
CERTIFICATE OF INSURANCE
ISSUE DATE (MMI[)OfYYj
'RODUCER
\merican phoenix Corp.
1-0 State House Square
-r-tford, CT 06103
of CT
08 22 97
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER_ THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
f~~~~NY A Federal Insurance Company
NSUREO
Junior University
~ttn: Jack Schmitz
?O. Box 6471
San Bernardino, CA
E~-M~~NY B
E~i"+~~NY C
92412
E~i'i~~NY 0
i E~#~~NY E
:OVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOlWlTHSTAND1NG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 10 ALL IHE TERMS
EXCLUSIONS AND CONOrrlONS OF SUCH fJQlIGIES. lIMIlS SHOWN MAY HAVE BEEN REDUCl:.'u BY PAID CLAIMS.
:0
TR
TYPE OF INSURANCE
POLlCY NUMBER
!POLICY EFFECTIVE POLICY EXPIRATION
: DATE(MMIDDIVY) DATE(MMIDDIYY)
LIMITS
A. GENERAL LIABILITY I 3532838801
X OMMERCIAL GENERAL LIABllITV
~LAtMSMAce i XJOCCUR';I
WNER'S & CONTRACTOR'S PROTo
'08/01/97' 08/01/98 GENERAL AGGREGATE 02,000,000
PRODUCTS.COMP/OPAGG sll 000 1000
PERSONAL & ADV INJURY $11 000 I 000
EACH OCCURRENCE $1, 000, 000
FIRE DAMAGE (Anyone lire) $100 ,000
tvED.EXPENS: (Anyone person) $10 000
AUTOMOBILE LIABILITY
d ANY AUTO
ALL OWNED AUTOS
_ SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
COMBINED SINGLE
LIMIT
BOOIL Y INJURY
(Per person)
$
BODIL Y INJURY
(PeraCCldenl)
PROPERTY DAMAGE
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE
AGGREGATE
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT
DISEASE .POLlCY LIMIT
DISEASE .EACH EMPLOYEE $
OTHER
DESCRIPTION OF OPERATlONSfLOCATIONSIVEHIClES/5PECIAlITEM5
The City of San Bernardino and the San Bernardino Department of Parks,
Recreation and Community Centers are Additional Insured for rehearsals
and erformances to be held b the Named Insured.
CERTIFICATE HOLDER CANCELLATION
~y of San Bernardino
rks, Recreation & Com. Ctrs.
547 N. Sierra Way
San Bernardino, CA 92401
I ACORD 25-S (7/90) 1 01 1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOFlE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL~ DAYS WRITIEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OH
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIV!-'S
#S32400 M32399
AUTHORIlEOREPRESENTATIVE &~
NSB @ACORD CORPORATION 1990